The enterprise of this article is the theoretical construction of an optimal solution to the hearsay conundrum. Its first task is the elucidation of the premises upon which a rational hearsay rule can be built. Thus, the article starts by exploring the relationship between hearsay doctrine and the foundation of all rational truth-seeking enterprises, inductive logic. The article continues with an examination of the relationship between hearsay evidence and trial dynamics, for a workable rule must take into account the actual functioning of our adversary system.'" This two-pronged analysis leads to the proposal of a "best evidence hearsay rule."
Michael L. Seigel, Rationalizing Hearsay: A Proposal for a Best Evidence Hearsay Rule, 72 B.U. L. Rev. 893 (1992), available at http://scholarship.law.ufl.edu/facultypub/310